Bill Text: TX HB3468 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the operation of more than one ambulatory surgical center in a single facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-17 - No action taken in committee [HB3468 Detail]

Download: Texas-2019-HB3468-Introduced.html
  86R10800 JG-F
 
  By: González of El Paso H.B. No. 3468
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of more than one ambulatory surgical
  center in a single facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 243.005, Health and Safety Code, is
  amended by adding Subsections (g) and (h) to read as follows:
         (g)  A license issued under this chapter is valid only for
  the person who applied for and is named on the license and applies
  only to a single facility. The license does not apply to multiple
  facilities, buildings, or off-site locations.
         (h)  The commission may issue a license to more than one
  ambulatory surgical center that operates in a single facility only
  if:
               (1)  a separate license is issued for each center; and
               (2)  each center complies with Section 243.0105.
         SECTION 2.  Subchapter A, Chapter 243, Health and Safety
  Code, is amended by adding Section 243.0105 to read as follows:
         Sec. 243.0105.  STANDARDS FOR AMBULATORY SURGICAL CENTERS
  THAT OPERATE IN SINGLE FACILITY. (a) Each ambulatory surgical
  center that operates in a facility in which another center
  operates:
               (1)  must establish days and hours of operation that
  differ from each other center operating in the facility;
               (2)  may not share any part of the facility with:
                     (A)  a hospital;
                     (B)  the outpatient surgery department of a
  hospital designated as a critical access hospital by the Centers
  for Medicare and Medicaid Services; or
                     (C)  an independent diagnostic testing facility
  participating in Medicare;
               (3)  must maintain a space for records and storage of
  surgical supplies and devices, medications, and other items that is
  separate from the space for records and storage of each other center
  in the facility;
               (4)  must post in a clear and conspicuous place in the
  facility a sign that states:
                     (A)  the name of the center; and
                     (B)  the days and hours of the center's operation;
               (5)  must develop and implement policies and procedures
  separate from each other center operating at the facility; and
               (6)  must maintain the confidentiality of patient
  records by storing the records in a locked location that is separate
  from the space for records and storage of each other center in the
  facility.
         (b)  Each Medicare-certified ambulatory surgical center
  sharing a facility is liable for a violation of this chapter or a
  rule adopted under this chapter occurring at the facility,
  regardless of whether only one center is responsible for the
  violation.
         (c)  Ambulatory surgical centers operating in a single
  facility may enter into an agreement to share nursing and ancillary
  personnel. Each ambulatory surgical center that enters into an
  agreement in accordance with this subsection must separately comply
  with the personnel utilization requirements.
         SECTION 3.  The changes in law made by this Act apply only to
  a license issued or renewed on or after the effective date of this
  Act.
         SECTION 4.  This Act takes effect September 1, 2019.
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